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Zoning board grants variance for Bauer Trust property at 91 Wyman Trail
Summary
The Moultonborough Zoning Board of Adjustment on June 3 granted Gregory and Nicole Bauer a variance to replace a shed with a 500 sq. ft., two‑story garage at 91 Wyman Trail, subject to conditions including survey pinning, permits and a required conditions plan; the vote was unanimous.
The Moultonborough Zoning Board of Adjustment voted June 3 to grant a variance to Gregory and Nicole Bauer allowing the removal of a nonconforming shed and construction of a 500‑square‑foot, two‑story garage at 91 Wyman Trail.
Attorney Chris Boldt presented the application on behalf of the Bauer Trust 2009 and Trustee Gregory Bauer told the board the existing shed encroaches roughly 8–9 inches over the property line. Bauer said the proposed second‑floor loft will be used for storage only and that the project has received a shoreland permit from the New Hampshire Department of Environmental Services (DES). The proposed garage would be set a minimum of 8 feet from the property line and would be conforming for about 200 square feet of its 500 square feet footprint; the project also would reduce lot coverage from 43.3% to 30.6% by removing impervious surfaces.
During deliberations the board reviewed the five variance criteria under RSA 674:33 and made findings that Public Interest, Spirit of the Ordinance, Substantial Justice, Property Values and Unnecessary Hardship criteria were met. The board pointed to the reduction in impervious cover, the location of the new structure over previously impacted ground, the absence of tree removal, and the DES shoreland permit as supporting reasons the project would not threaten public health, safety or the character of the neighborhood.
The motion to grant the variance from Section 3.2.2.3 of the Moultonborough Zoning Ordinance carried unanimously (mover: Nicholas DeMeo; second: Michael Mills). The board attached seven conditions, including that the applicants obtain all necessary federal, state and local permits (and complete required inspections prior to use); that owner representations be incorporated as conditions of approval; that minor, non‑material amendments may be administratively approved by the Town Planner; that the approval expire June 3, 2028 if not substantially acted upon (per RSA 674:33); that foundation corners be located and pinned by a New Hampshire‑licensed surveyor; and that a conditions plan showing all structures, distances to property lines, and impervious vs. non‑impervious surfaces be submitted before permit issuance.
Town staff advised the applicants of a 30‑day right of appeal beginning the following day.
